TERMS AND CONDITIONS

for the sale of goods via an online webshop located at an Internet address

www.liftmade.cz 

is operated by Liftmade s.r.o.

doing business under the Trade Licensing Act entered in the Commercial Register

based Šalounova 331/20a, 703 00 Ostrava Vítkovice

IC: 06142320, VAT: CZ06142320

 

1. Introductory provisions

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the Liftmade s.r.o. with its registered office at Šalounova 331 / 20a, 703 00 Ostrava Vítkovice, IČ: 06142320, DIČ: CZ06142320 (hereinafter referred to as the “Seller”) shall be regulated in accordance with Section 1751 (1) of Act No. 89/2012 Coll. “Civil Code”) mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”). The online store is operated by the Seller on a website located on the Internet address www.liftmade.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. These terms and conditions do not apply in cases where the person who intends to purchase goods from the seller is a legal person or natural person who acts when ordering goods in the course of his business or in the exercise of his own profession.

1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions. In the event that the Seller changes, supplements or cancels the wording of these Terms and Conditions, the relations between the Buyer and the Seller shall be governed by the Terms and Conditions in the wording effective as of the date of conclusion of the purchase contract.

 

2. User account

 

2.1. Upon registration of the buyer through the online store, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). The web interface of the shop allows ordering goods without registration.

2.2. When registering and ordering goods, the buyer is obliged to provide correct and truthful information. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The Seller may cancel the User Account, especially if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).

2.5. The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the store's hardware and software equipment.

 

 

3. Conclusion of the purchase contract

3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. The store web interface also contains information about shipping costs.

3.3. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains information about:

a) ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),

(b) the method of payment of the purchase price of the goods, details of the required method of delivery of the goods ordered; and

(c) information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.4. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order.
The sending of the order is preceded by familiarization and confirmation of agreement with the terms and conditions and processing of personal data.

Then the buyer sends the order to the seller. The data listed in the order they are deemed correct by the seller.

3.5. After sending the order, the buyer will receive the order information (order confirmation), which will contain, inter alia, the order number and a summary of the concluded purchase contract. Order information (order confirmation) is sent automatically.

The purchase contract is created by sending the order by the buyer and receiving the order by the seller.

 

3.6. In connection with the ordering of goods, the seller may contact the buyer by telephone to the phone number specified by the buyer when placing the order, in matters relating to the performance of the purchase contract.

3.7. The buyer acknowledges that the seller is not obliged to conclude a purchase agreement, especially with persons who have previously substantially breached their obligations to the seller.

3.8. After confirmation of the buyer's order as a concluded purchase agreement between the buyer and the seller for the purpose of its fulfillment and other records and is accessible to the buyer after logging into his user account.

3.9. The buyer agrees to the use of means of distance communication when concluding the purchase contract.

 

4.1. The goods and price information given by the seller is binding except for an obvious error, such as a suspiciously low price. Prices are presented including VAT.

4.2. The price of the goods and any costs associated with the delivery of goods according to the purchase contract can be paid by the buyer to the seller in the ways specified on the page Shipping and payments (information here).

4.3. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.

4.4. If the order sent by the buyer is not picked up by the buyer, it will be required to reimburse the incurred shipping costs and other related costs.

5. Cancellation from the purchase contract

 

5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code of the Czech Republic, it is not possible to withdraw from the purchase contract:
- the supply of goods which have been adapted to the wishes of the buyer or to his person,
- the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
- on the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygiene reasons,

5.2. The buyer - consumer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code of the Czech Republic within fourteen (14) days of receipt of the goods. this period runs from the date of receipt of the last delivery of goods. In the case of exercising the right of withdrawal within 14 days of receipt of the performance, the Buyer must give the Supplier everything he has obtained under the Purchase Agreement.

5.3. In order to withdraw from the purchase contract, the buyer may use the standard form provided by the seller, which is attached to the business conditions. The withdrawal from the contract must be sent to the seller within 14 days.

The buyer sends the withdrawal from the contract to e-mail obchod@liftmade.cz. The Seller shall confirm to the Buyer the acceptance of the withdrawal. However, this provision of the Act cannot be understood as a possibility of free loan of goods.

5.4. In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. Goods must be returned to the seller within fourteen (14) days of withdrawal under the following conditions:
- they must be properly packed in order to prevent damage on the way back to the seller
- must be undamaged
- be complete (including accessories, warranty card, instructions, etc.)
- with a copy of the delivery note and invoice (if issued) or with any other document proving the purchase of the goods
If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller. The seller is not liable for any loss or damage of goods on the way to the seller. The goods cannot be sent cash on delivery, the seller is not obliged to take over the goods.

5.5. In the event of withdrawal, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller has accepted it from the Buyer or the Buyer will require. In addition to the purchase price, the buyer is entitled to a refund of the cost of delivery of goods to the buyer. If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Buyer shall refund to the Buyer the cost of delivery corresponding to the cheapest method of delivery.

If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods and the seller checks the goods.

5.6. If the Seller finds out that the returned goods are damaged, worn, contaminated or partially consumed, the Seller is entitled to unilaterally offset the Buyer's claim for refund of the purchase price.

5

5.7. If a gift or other free of charge (hereinafter referred to as “gift”) is provided together with the goods, the gift contract between the seller and the buyer is concluded with the proviso that if the buyer withdraws from the contract the gift contract for such gift and the Buyer is obliged to return the provided gift together with the goods to the Seller.

5.8. The Seller reserves the right to withdraw from the contract in the following cases:
- the seller has not received the purchase price at maturity or the buyer has not received the goods
- goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) cannot be delivered under the original conditions
- performance becomes objectively impossible or illegal

VIn the event that any of the above occurs, the seller will immediately inform the buyer of the withdrawal.
If the Buyer has paid the purchase price in whole or in part, the Seller shall return the amount received within five days of the withdrawal, by wire transfer to the account provided by the Buyer for this purpose or from which the Buyer made the payment.

6. Transport and delivery of goods

6.1. Delivery of goods is ensured throughout the Czech Republic and the Slovak Republic through the delivery company PPL CZ s.r.o.

6.2. The delivery time depends on the availability of the product and the type of goods ordered. For goods that are normally available and goods that the seller has in stock, the shipment is dispatched within 48 hours.

6.3. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods at the designated place.

6.4.When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in the event of any defects to notify the carrier or shop operator as soon as possible and no later than 3 days after delivery of the shipment.
In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.

 6.5.Other rights and obligations of the parties in the carriage of goods may be regulated by special delivery terms of the seller, if issued by the seller.

7. Rights from defective performance

7.1.The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. consumer, as amended).

7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:

-the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out
-the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
-the goods correspond to the quality or design agreed upon sample or model
-the goods are of a corresponding quantity, measure or weight
-complies with legal requirements.


7.3. Provisions referred to in Article 7.2. of the Terms and Conditions shall not apply to goods sold at a lower price due to the defect that caused the lower price to be used for wear and tear caused by its normal use; if it is due to the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from the defect that occurs in the goods within 24 months of receipt.

7.5. Rights from defective performance shall be exercised by the Buyer at the Seller's address, where acceptance of the complaint is possible with respect to the assortment of goods sold, or possibly at the registered office or place of business. The moment when the seller has received the goods from the buyer is considered the moment of claiming.

7.6. Further information on the warranty can be found on the Complaints Procedure page.

7.7. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the Seller's Complaints Procedure.

 

 

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.

8.3.Majoral handling of consumer complaints is provided by the seller via the e-mail address info@owatrol.cz. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's email address.

8.4. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.5. All information about the goods placed on the website of the e-shop is of an informative nature and cannot be used for legal consequences.

8.6. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.

8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

 

9. Protection of personal data according to GDPR

9.1. The protection of the personal data of the buyer who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.

 

9.2. The Buyer acknowledges and gives the Seller consent to the processing of the Buyer's personal data in order to fulfill the obligations arising from the concluded contract. For this purpose, the following are processed: name and surname or business name, company ID, residence or registered office, delivery address, telephone contact and e-mail, as well as any personal data provided by the customer.

 

9.3. Personal data is processed in the form of archiving in electronic and paper form in encrypted programs and lockable premises. Only trained personnel have access to these.

 

9.4. The Seller is entitled to pass on the Buyer's personal data to a third party solely for the purpose of performing the order (eg subcontractor or carrier). The Buyer agrees with such transfer of personal data.

 

9.5. Personal data will only be processed for the duration of the business relationship + guarantee period. After the expiry of these deadlines they will be processed only for archiving purposes according to special legal regulations. The buyer agrees with this.

 

9.6. Supervision over the processing of personal data is performed by the Office for Personal Data Protection.

 

10. Consumer information

10.1. In the event that a consumer dispute arises between the Seller and the Buyer-Consumer, which is not settled by mutual agreement, the Buyer-Consumer may file an out-of-court settlement of such dispute with the designated out-of-court settlement of consumer disputes. which is:

the Czech trade inspection
Central Inspectorate - ADR Unit
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Website: www.adr.coi.cz

The Buyer-Consumer can also use the online dispute resolution platform set up by the European Commission at: www.ec.europa.eu/consumers/odr.

 

11. Final provisions

11.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.

11.2. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11.3. Attachment business pod

 

11.4. Seller's contact information:

Postal address:

Liftmade s.r.o.

Hukovice56

742 13 Studenka

 

E-mail address: obchod@liftmade.cz

 

Telephone Number: +420602 740 109

 

 

 

These terms and conditions are valid and effective from 1.11.2019